WASHINGTON—House Republicans introduced a resolution last week to gut the Federal Communication Commission's (FCC) recently reinstated net neutrality rules. Led by U.S. Rep. Bob Latta, R-Ohio, the joint resolution invokes a rule that allows Congress to block regulations promulgated by executive branch agencies within a certain timeframe. The effort is attracting backers from telecommunications firms and internet service providers (ISPs).
The rule in question is found in the Congressional Review Act (CRA), which was implemented in 1996, and requires all executive agencies to report rule issuances to Congress.
The CRA offers special procedures through a joint resolution that expresses disapproval of a regulation. A resolution as such would then be above legislation that would overturn the regulation. If a joint resolution under the Congressional Review Act is adopted by both the House and Senate and signed by the president, or if Congress has the requisite votes to overturn a presidential veto, the rule would be repealed and can no longer go into effect.
Because the FCC is an executive branch regulatory agency, the net neutrality rules it officially reinstated in April 2024 are subject to the Congressional Review Act. But like any other legislative measure, it must pass both the House and Senate. The Democratic-held Senate has reacted to the Latta resolution with a chilly reception. Most of the Democrats in the Senate and President Joe Biden himself have campaigned on reinstating net neutrality rules.
"Once again, the Biden administration is prioritizing heavy-handed government control, made evident in the FCC’s latest push to control the internet," Latta said in a press statement. "That’s why I’m introducing a Congressional Resolution Act today to overturn this misguided decision and to keep the agency from imposing stifling regulations that will hinder our ability to expand broadband internet access and close the digital divide.”
Latta, along with Rep. Cathy McMorris Rodgers, R-Wash., is working in the GOP-controlled House of Representatives to pressure the FCC to reverse the reinstatement of national net neutrality rules.
"I commend Rep. Latta for leading to stop the Biden administration’s heavy-handed regulations, which would only increase prices for Americans and worsen the digital divide," said McMorris Rodgers in the same Latta statement.
In coverage of the measure reported by Law360.com, private industry stakeholders are backing the resolution. Grant Spellmeyer, president and chief executive officer of the trade group ACA Connects, said that the FCC has overstepped. "ACA Connects fully supports Congressman Bob Latta’s resolution," he said in a press release. ACA Connects represents over 500 small- to medium-sized ISPs and broadband providers.
Public interest consumer group Public Knowledge's senior vice president Harold Feld told Law360.com reporter Christopher Cole that "there is no way such a resolution will pass." He added, "Even if it came to the floor and passed the House on a party-line vote, it would die in the Senate."
Civil society organizations and digitally-native companies have lobbied for net neutrality for years. Adult industry trade group the Free Speech Coalition has also advocated for net neutrality regulations over concerns that large ISPs could "throttle" or slow down the broadband speed on platforms that host speech the ISPs might not support.
